82_FR_16130 82 FR 16069 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

82 FR 16069 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 61 (March 31, 2017)

Page Range16069-16070
FR Document2017-06339

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This Federal Register Notice notifies the public that MSHA has investigated and issued a final decision on certain mine operator petitions to modify a safety standard.

Federal Register, Volume 82 Issue 61 (Friday, March 31, 2017) 
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16069-16070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06339]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Affirmative Decisions on Petitions for Modification Granted in 
Whole or in Part

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This Federal Register Notice 
notifies the public that MSHA has investigated and issued a final 
decision on certain mine operator petitions to modify a safety 
standard.

ADDRESSES: Copies of the final decisions are posted on MSHA's Web site 
at http://www.msha.gov/READROOM/PETITION.HTM. The public may inspect 
the petitions and final decisions during normal business hours in 
MSHA's Office of Standards, Regulations, and Variances, 201 12th Street 
South, Suite 4E401, Arlington, Virginia 22202. All visitors are 
required to check in at the receptionist's desk in Suite 4E401.

FOR FURTHER INFORMATION CONTACT: Barbara Barron at 202-693-9447 
(Voice), [email protected] (Email), or 202-693-9441 (Telefax). 
[These are not toll-free numbers].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Under section 101 of the Federal Mine Safety and Health Act of 
1977, a mine operator may petition and the Secretary of Labor 
(Secretary) may modify the application of a mandatory safety standard 
to that mine if the Secretary determines that: (1) An alternative 
method exists that will guarantee no less protection for the miners 
affected than that provided by the standard; or (2) the application of 
the standard will result in a diminution of safety to the affected 
miners.
    MSHA bases the final decision on the petitioner's statements, any 
comments and information submitted by interested persons, and a field 
investigation of the conditions at the mine. In some instances, MSHA 
may approve a petition for modification on the condition that the mine 
operator complies with other requirements noted in the decision.

II. Granted Petitions for Modification

    On the basis of the findings of MSHA's investigation, and as 
designee of the Secretary, MSHA has granted or partially granted the 
following petitions for modification:
     Docket Number: M-2010-047-C.
    FR Notice: 76 FR 2724 (1/14/2011).
    Petitioner: Canyon Fuel Company, LLC, 597 South SR 24, Salina, Utah 
84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2013-056-C.
    FR Notice: 79 FR 11140 (2/27/2014).
    Petitioner: Kimmel's Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine #1, MSHA I.D. No. 36-09435, located in 
Dauphin County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2014-024-C.
    FR Notice: 79 FR 45466 (8/5/2014).
    Petitioner: ACI Tygart Valley, 1200 Tygart Valley Drive, Grafton, 
West Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
     Docket Number: M-2015-017-C.
    FR Notice: 80 FR 54595 (9/10/2015).
    Petitioner: ICG Illinois, LLC, 5945 Lester Road, Williamsville, 
Illinois 62693.
    Mine: Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon 
County, Illinois.
    Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations 
and records).
     Docket Number: M-2015-026-C.
    FR Notice: 81 FR 3161 (1/20/2016).
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
Virginia 24282.
    Mine: Clover Fork No. 1 Mine, MSHA I.D. No. 15-18647, Huff Creek 
No. 1 Mine, MSHA I.D. No. 15-17234, Darby Fork No. 1 Mine, MSHA I.D. 
No. 15-02263-02664, located in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.310(a)(3) (Installation of main mine 
fans).
     Docket Number: M-2016-008-C.
    FR Notice: 81 FR 21904 (4/13/2016).
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Barrett Mine, MSHA I.D. No. 36-09342, located in Indiana 
County, Pennsylvania.

[[Page 16070]]

    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance).
     Docket Number: M-2016-010-C.
    FR Notice: 81 FR 24892 (4/27/2016).
    Petitioner: Buckingham Coal Company, LLC, 14755 Township Rd, 295 S 
E, Glouster, Ohio 45732.
    Mine: Buckingham Mine #6, MSHA I.D. No. 33-04526, located in Perry 
County, Ohio.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2016-022-C.
    FR Notice: 81 FR 47421 (7/21/2016).
    Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West 
Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel 
tanks and safety cans).

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-06339 Filed 3-30-17; 8:45 am]
BILLING CODE 4520-43-P

Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices 16069 will be examined by a qualified person, DEPARTMENT OF LABOR partially granted the following petitions as defined in 30 CFR 75.153, before use for modification: to ensure the equipment is being Mine Safety and Health Administration • Docket Number: M–2010–047–C. maintained in a safe operating FR Notice: 76 FR 2724 (1/14/2011). Affirmative Decisions on Petitions for Petitioner: Canyon Fuel Company, condition. These examinations results Modification Granted in Whole or in LLC, 597 South SR 24, Salina, Utah will be recorded in the weekly Part 84654. examination book and will be made available to MSHA and the miners at the AGENCY: Mine Safety and Health Mine: Sufco Mine, MSHA I.D. No. 42– mine. Administration (MSHA), Labor. 00089, located in Sevier County, Utah. Regulation Affected: 30 CFR 75.500(d) (3) A qualified person, as defined in ACTION: Notice. (Permissible electric equipment). 30 CFR 75.151, will continuously SUMMARY: Section 101(c) of the Federal • Docket Number: M–2013–056–C. monitor for methane immediately before Mine Safety and Health Act of 1977 and FR Notice: 79 FR 11140 (2/27/2014). and during the use of nonpermissible 30 CFR part 44 govern the application, Petitioner: Kimmel’s Mining, Inc., electronic testing and diagnostic processing, and disposition of petitions P.O. Box 8, Williamstown, Pennsylvania equipment within 150 feet of pillar for modification. This Federal Register 17098. workings or longwall faces. Notice notifies the public that MSHA Mine: Williamstown Mine #1, MSHA has investigated and issued a final I.D. No. 36–09435, located in Dauphin (4) Nonpermissible electronic testing decision on certain mine operator County, Pennsylvania. and diagnostic equipment will not be petitions to modify a safety standard. Regulation Affected: 30 CFR used if methane is detected in 75.1002(a) (Installation of electric concentrations at or above 1.0 percent. ADDRESSES: Copies of the final decisions equipment and conductors; When a 1.0 percent or more methane are posted on MSHA’s Web site at permissibility). concentration is detected while the http://www.msha.gov/READROOM/ • Docket Number: M–2014–024–C. nonpermissible electronic equipment is PETITION.HTM. The public may FR Notice: 79 FR 45466 (8/5/2014). being used, the equipment will be inspect the petitions and final decisions Petitioner: ACI Tygart Valley, 1200 deenergized immediately and during normal business hours in Tygart Valley Drive, Grafton, West withdrawn to fresh air (intake air entry) MSHA’s Office of Standards, Virginia 26354. more than 150 feet from pillar workings Regulations, and Variances, 201 12th Mine: Leer Mine, MSHA I.D. No. 46– and longwall faces. Street South, Suite 4E401, Arlington, 09192, located in Taylor County, West Virginia 22202. All visitors are required Virginia. (5) All hand-held methane detectors to check in at the receptionist’s desk in Regulation Affected: 30 CFR 75.507– will be MSHA-approved and Suite 4E401. 1(a) (Electric equipment other than maintained in permissible and proper FOR FURTHER INFORMATION CONTACT: power-connection points; outby the last operating condition as defined in 30 Barbara Barron at 202–693–9447 open crosscut; return air; permissibility CFR 75.320. (Voice), barron.barbara@dol.gov requirements). (6) Except for time necessary to (Email), or 202–693–9441 (Telefax). • Docket Number: M–2015–017–C. troubleshoot under actual mining [These are not toll-free numbers]. FR Notice: 80 FR 54595 (9/10/2015). conditions, coal production in the SUPPLEMENTARY INFORMATION: Petitioner: ICG Illinois, LLC, 5945 section will cease. Accumulations of Lester Road, Williamsville, Illinois I. Introduction 62693. coal and combustible materials referenced in 30 CFR 75.400 will be Under section 101 of the Federal Mine Mine: Viper Mine, MSHA I.D. No. 11– removed before testing begins to provide Safety and Health Act of 1977, a mine 02664, located in Sangamon County, additional safety to miners. operator may petition and the Secretary Illinois. of Labor (Secretary) may modify the Regulation Affected: 30 CFR 75.312(c) (7) All electronic testing and application of a mandatory safety (Main mine fan examinations and diagnostic equipment will be used in standard to that mine if the Secretary records). accordance with the manufacturer’s determines that: (1) An alternative • Docket Number: M–2015–026–C. recommendations. method exists that will guarantee no FR Notice: 81 FR 3161 (1/20/2016). (8) Qualified personnel who use less protection for the miners affected Petitioner: Lone Mountain Processing, electronic testing and diagnostic than that provided by the standard; or Inc., Drawer C, St. Charles, Virginia equipment will be properly trained to (2) the application of the standard will 24282. recognize the hazards and limitations result in a diminution of safety to the Mine: Clover Fork No. 1 Mine, MSHA associated with use of the equipment. affected miners. I.D. No. 15–18647, Huff Creek No. 1 MSHA bases the final decision on the Mine, MSHA I.D. No. 15–17234, Darby The petitioner asserts that the petitioner’s statements, any comments Fork No. 1 Mine, MSHA I.D. No. 15– proposed alternative method will at all and information submitted by interested 02263–02664, located in Harlan County, times guarantee no less than the same persons, and a field investigation of the Kentucky. measure of protection afforded by the conditions at the mine. In some Regulation Affected: 30 CFR existing standard. instances, MSHA may approve a 75.310(a)(3) (Installation of main mine Sheila McConnell, petition for modification on the fans). • Docket Number: M–2016–008–C. sradovich on DSK3GMQ082PROD with NOTICES condition that the mine operator Director, Office of Standards, Regulations, FR Notice: 81 FR 21904 (4/13/2016). complies with other requirements noted and Variances. Petitioner: Rosebud Mining Company, in the decision. [FR Doc. 2017–06343 Filed 3–30–17; 8:45 am] 301 Market Street, Kittanning, BILLING CODE 4520–43–P II. Granted Petitions for Modification Pennsylvania 16201. On the basis of the findings of Mine: Barrett Mine, MSHA I.D. No. MSHA’s investigation, and as designee 36–09342, located in Indiana County, of the Secretary, MSHA has granted or Pennsylvania. VerDate Sep<11>2014 16:31 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1

16070 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices Regulation Affected: 30 CFR 75.503 Street South, Suite 4E401, Arlington, (1) Each miner wears or carries a 1- (Permissible electric face equipment; Virginia 22202–5452, Attention: Sheila hour self-contained, self-rescuer (SCSR) maintenance). McConnell, Director, Office of and is provided with a second 1-hour • Docket Number: M–2016–010–C. Standards, Regulations, and Variances. unit stored on the working section. That FR Notice: 81 FR 24892 (4/27/2016). Persons delivering documents are second device can be a self-contained Petitioner: Buckingham Coal required to check in at the receptionist’s breathing apparatus (SCBA) or Company, LLC, 14755 Township Rd, desk in Suite 4E401. Individuals may additional SCSR devices. 295 S E, Glouster, Ohio 45732. inspect copies of the petitions and (2) The petitioner proposes to provide Mine: Buckingham Mine #6, MSHA comments during normal business SCBA escape equipment on each I.D. No. 33–04526, located in Perry hours at the address listed above. working section and locate a means of County, Ohio. MSHA will consider only comments refilling that SCBA in between the Regulation Affected: 30 CFR 75.1101– postmarked by the U.S. Postal Service or nearest working face and the BIP–RA so 1(b) (Deluge-type water spray systems). proof of delivery from another delivery that an evacuating miner can refill their • Docket Number: M–2016–022–C. service such as UPS or Federal Express device on the way to the BIP–RA if FR Notice: 81 FR 47421 (7/21/2016). on or before the deadline for comments. necessary. The BIP–RA would be Petitioner: ACI Tygart Valley, 1200 located not more than 5,000 feet from FOR FURTHER INFORMATION CONTACT: Tygart Drive, Grafton, West Virginia the nearest working face. 26354. Barbara Barron, Office of Standards, (3) During performance testing it has Mine: Leer Mine, MSHA I.D. No. 46– Regulations, and Variances at 202–693– been demonstrated that when walking 09192, located in Taylor County, West 9447 (Voice), barron.barbara@dol.gov in the San Juan Mine, a miner can travel Virginia. (Email), or 202–693–9441 (Facsimile). over 7,500 feet in 30 minutes. Regulation Affected: 30 CFR [These are not toll-free numbers.] (4) The BIP–RA breathable air 75.1904(b)(6) (Underground diesel fuel SUPPLEMENTARY INFORMATION: components, harmful gas removal tanks and safety cans). I. Background components, and air monitoring components of these installations are Sheila McConnell, Section 101(c) of the Federal Mine MSHA Part 7 approved. This includes Director, Office of Standards, Regulations, Safety and Health Act of 1977 (Mine the surface and underground and Variances. Act) allows the mine operator or components involved and listed in the [FR Doc. 2017–06339 Filed 3–30–17; 8:45 am] representative of miners to file a Part 7 approvals. BILLING CODE 4520–43–P petition to modify the application of any (5) The BIP–RA structure and door mandatory safety standard to a coal or have been analyzed by a third-party other mine if the Secretary of Labor engineering firm with experience in DEPARTMENT OF LABOR determines that: designing bulkheads for the nuclear 1. An alternative method of achieving industry. That firm completed a full Mine Safety and Health Administration the result of such standard exists which analysis of the walls and doors. Their Petitions for Modification of will at all times guarantee no less than analysis certifies that the structure and Application of Existing Mandatory the same measure of protection afforded doors meet or exceed the 15 psi Safety Standards the miners of such mine by such requirement. The over structure and standard; or door design has been approved by the AGENCY: Mine Safety and Health 2. That the application of such District Manager (DM) as required by 30 Administration, Labor. standard to such mine will result in a CFR 75.1506(a)(2). ACTION: Notice. diminution of safety to the miners in (6) These BIP–RA structures have a such mine. dedicated borehole to the surface that SUMMARY: Section 101(c) of the Federal In addition, the regulations at 30 CFR provides continuous flow of fresh air to Mine Safety and Health Act of 1977 and 44.10 and 44.11 establish the the structure at all times via the Title 30 of the Code of Federal requirements and procedures for filing ventilation forces exerted by the mine’s Regulations Part 44 govern the petitions for modification. main ventilation fan. When in use, this application, processing, and disposition airflow is supplemented by individual of petitions for modification. This notice II. Petitions for Modification blower fans that are powered by is a summary of petitions for Docket Number: M–2016–037–C. generators. One set of the equipment is modification submitted to the Mine Petitioner: San Juan Coal Company, maintained for each BIP–RA in service Safety and Health Administration P.O. Box 561, Waterflow, New Mexico and backup components are also (MSHA) by the parties listed below. 87421. maintained on-site. DATES: All comments on the petitions Mine: San Juan Mine 1, MSHA I.D. (7) The petitioner states that the must be received by MSHA’s Office of No. 29–02170, located in San Juan continuous airflow through the BIP–RA Standards, Regulations, and Variances County, New Mexico. removes heat and humidity and on or before May 1, 2017. Regulation Affected: 30 CFR prevents the interior of the structure ADDRESSES: You may submit your 75.1506(c)(1) (Refuge alternatives). from exceeding an apparent temperature comments, identified by ‘‘docket Modification Request: The petitioner of 95 degrees Fahrenheit. number’’ on the subject line, by any of requests a modification of the existing (8) The petitioner states that National the following methods: standard to provide a Built-In-Place Institute for Occupational Safety and Refuge Alternative (BIP–RA), equipped Health (NIOSH) studies has revealed sradovich on DSK3GMQ082PROD with NOTICES 1. Electronic Mail: zzMSHA- comments@dol.gov. Include the docket with a borehole to the surface to provide that up to 60 percent of the number of the petition in the subject continuous ventilation flow into the contamination concentration outside the line of the message. BIP–RA, located at a distance not greater RA could enter the RA by miners 2. Facsimile: 202–693–9441. than 5,000 feet from the nearest working entering the structure. A BIP–RA with a 3. Regular Mail or Hand Delivery: face in lieu of the existing standard that dedicated borehole providing MSHA, Office of Standards, utilizes portable, self-contained systems. continuous airflow addresses that Regulations, and Variances, 201 12th The petitioner states that: contamination risk by continually VerDate Sep<11>2014 16:31 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1


Document Created: 2017-03-31 01:37:44
Document Modified: 2017-03-31 01:37:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactBarbara Barron at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Telefax). [These are not toll-free numbers].
FR Citation82 FR 16069 
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